Madras High Court
G.Balakrishnan vs The State Represented By on 16 June, 2023
Crl.O.P.No.8359 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.06.2023
CORAM
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.8359 of 2023
G.Balakrishnan ... Petitioner
Vs.
1.The State represented by
Station House Officer,
Neravy Police Station,
Karaikal.
2.R.Arputham
3.R.Chelladurai
4.R.Mohan ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to
direct the 1st respondent police to give adequate police protection to the
petitioner for constructing the compound wall in the petitioner's property
comprised in R.S.No.136/11, Old Sy.No.579, 580, Keezhmanai (Uzhiyapathu)
Village, Neravy Commune Panchayat, Neravy Sub Registration District,
Neravy, Puduchery.
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Page 1 of 6
Crl.O.P.No.8359 of 2023
For Petitioner : Mr.T.Saikrishnan
For R-1 : Mr.Ramachandra Murthy
Additional Public Prosecutor (Puducherry)
For R-2 : Mr.K.Govi Ganesan
ORDER
This Criminal Original Petition has been filed to direct the 1st respondent
police to give adequate police protection to the petitioner for constructing the
compound wall in the petitioner's property comprised in R.S.No.136/11, Old
Sy.No.579, 580, Keezhmanai (Uzhiyapathu) Village, Neravy Commune
Panchayat, Neravy Sub Registration District, Neravy, Puduchery.
2. Learned counsel for the petitioner submitted that, there was a dispute
in connection with the property in O.S.No.20 of 2010 between the petitioner
and respondents 2 to 4. Therefore, petitioner filed a Suit in O.S.No.20 of 2010,
seeking declaration that, the petitioner is the absolute owner of the said
property and for consequential permanent injunction restraining the
respondents 2 to 4 from interfering with the petitioner's possession and
enjoyment of the suit property. After contest suit was decreed in favour of the
petitioner on 28.10.2011. The respondents 2 to 4 and one Rajagopal filed an
Appeal in A.S.No.168 of 2012 against the said judgment. Petitioner filed
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Crl.O.P.No.8359 of 2023
E.P.No.32 of 2012 in O.S.No.20 of 2010 for violating the Court order. Order of
arrest was passed against respondents 2 to 4. Against the said order,
respondents 2 to 4 and one Rajagopal filed C.R.P.No.1674 of 2015. Both
A.S.No.168 of 2012 and C.R.P.No.1674 of 2015 were taken up together for
hearing and were dismissed for default for non-prosecution. During the
pendency of Appeal, Rajagopal died. After failing in civil forums, respondents
2 to 4 are still interfering with the possesion and enjoyment of the suit property
by the petitioner and they are preventing petitioner from constructing a
compound wall. Therefore, this petition is filed for the aforesaid relief.
3. Learned counsel for the 1st respondent submitted that, earlier a
petition in Crl.O.P.No.26065 of 2017 filed by the petitioner for police
protection was dismissed. Thus, he prays for dismissal of this petition.
4. Learned counsel for the respondents 2 to 4 seeks time to file counter.
5. In view of the facts narrated above, this Court finds that, the
respondents 2 to 4 had lost before the Trial Court and Appellate Court. Even if
the counter is filed, no useful purpose would be served. Therefore, this Court
directs the 1st respondent to consider the petitioner's representation dated
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Crl.O.P.No.8359 of 2023
04.12.2022 and provide necessary police protection, as per the procedure
established by law.
6. Accordingly, this Criminal Original Petition is allowed.
16.06.2023
Index:Yes/No
Speaking/Non speaking order
gd
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.8359 of 2023
To
1.Station House Officer,
Neravy Police Station,
Karaikal.
2.The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.8359 of 2023
G.CHANDRASEKHARAN.J.,
gd
Crl.O.P.No.8359 of 2023
16.06.2023
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